RAM BABU Vs. STATE OF U P

JUDGEMENT

(1.) SAROJ Bala, J. This criminal appeal is directed against the judgment and order dated 11. 11. 82 passed by the Additional Sessions Judge-Ill, Moradabad in ST. No. 181 of 1981 whereby convicting the appellants, namely Ram Babu, Ram Autar and Jas Ram for the offence punishable under Section 302 read with 34, I. P. C. and sentencing each of them to rigorous imprisonment for life. Appellants Ram Babu and Jas Ram having died during the pendency of appeal, the appeal against them stood abated vide orders dated 1. 11. 2007 and 6. 8. 2008. The appellant No. 2 Ram Autar remains the sole surviving appellant.

(2.) THE prosecution case shorn of unnecessarily details is as follows: On 17. 1. 80, the first informant Rama Kant Sharma (P. W. 4) and. his brother-in-law Vishesh Chandra Sharma (P. W. 5) had been irrigating their fields from tube-well (Rehat ). At about 12-1 O'clock noon Vimla Devi (deceased), first informant's mother came at the field to serve meals. She had been washing her hands and face at the tube-well. At the same time appellant alongwith co-accused Rama Shankar, Ram Babu and Jas Ram armed with gun, country-made pistol and lathi came there. Co-accused Ram Babu and Rama Shankar who were armed with gun and country-made pistol opened fire at first informant's mother. She succumbed to the injuries at the spot. Appellant Ram Autar and co-accused Jas Ram chased the first informant and other witnesses but could not catch them. THE motive behind the commission of offence was illicit relationship of Ram Kumar, brother of appellant with Shanti wife of late Jagdish first informant's cousin brother and murder of Ram Kumar about two months before the incident. Rama Kant Sharma (P. W. 4) scribed the written report of the incident (Ext. Ka-4) and lodged it at Police station Samblal at 3. 50 P. M. On the basis of written report chick F. I. R. (Ext. Ka-1) was prepared by H. M. Vishun Dutta Sharma (P. W. 1) and crime was registered at serial number 37 of G. D. (Ext. Ka-2 ).

(3.) INVESTIGATING officer collected the samples of blood stained earth and plain earth (Exts. 6 and 7) from the scene of offence under the memo (Ext. Ka-13 ). He prepared the site plan of the place of offence (Ext. Ka. 14 ). He interrogated the relevant witnesses. On 20. 1. 80 Inspector l/c Jag Vir Singh (P. W. 7) took the investigation. After completing the necessary formalities he submitted the charge-sheet (Ext. Ka. 5) against four accused persons. Co-accused Rama Shankar, brother of sole surviving appellant was murdered before the committal of this case.